Brizendine v. Parker

GRIFFIN, Circuit Judge.

Petitioner Michael Brizendine seeks an evidentiary hearing to prove that his trial counsel was constitutionally ineffective. Having procedurally defaulted this claim for purposes of his habeas corpu's petition under 28 U.S.C. § 2254, Brizendine must establish that his post-conviction counsel was ineffective and any underlying ineffective assistance of trial counsel claim is substantial, meaning it has at least “some merit.” We agree with Brizendine that there is some merit to his claim that his trial counsel was ineffective for failing to investigate and argue that the…